Himachal Pradesh High Court
Son Of Shri Jati Ram vs State Of H.P on 26 July, 2022
Bench: Tarlok Singh Chauhan, Sandeep Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 26TH DAY OF JULY 2022
BEFORE
HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN
&
HON'BLE MR. JUSTICE SANDEEP SHARMA
.
CIVIL WRIT PETITION NO. 4410 OF 2022
Between:-
UDAY RAM SHARMA
SON OF SHRI JATI RAM,
AGED 58 YEARS,
RESIDENT OF VILLAGE CHAREW,
POST OFFICE TIMBI, TEHSIL KAMRAU,
DISTRICT SIRMOUR,
HIMACHAL PRADESH
... PETITIONER
(BY MR. YASH W. CHAUHAN, ADVOCATE)
AND
1. STATE OF H.P.
THROUGH PRINCIPAL SECRETARY HPPWD
SHIMLA-2.
2. DIRECTOR AGRICULTURE
BOILEAUGANJ,
HIMACHAL PRADESH, SHIMLA-5.
3. DEPUTY DIRECTOR AGRICULTURE
MANDI, DISTRICT MANDI, H.P.
.. RESPONDENTS
(MR. RAJINDER SINGH DOGRA,
SR. ADDITIONAL ADVOCATE GENERAL WITH
MR. VINOD THAKUR AND
MR. SHIV PAL MANHANS,
ADDITIONAL ADVOCATES GENERAL AND
MR. BHUPINDER THAKUR &
MR. YUDHVIR SINGH THAKUR,
DEPUTY ADVOCATES GENERAL,
FOR THE RESPONDENT-STATE)
This petition coming on for orders this day, Hon'ble Mr. Justice Tarlok
Singh Chauhan, passed the following:
O R D E R
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Aggrieved by the order of transfer, the petitioner has filed the present petition for the grant of following main reliefs:
"i) Issue a writ of certiorari to quash Annexure P-1 i.e. impugned transfer order dated 4-05-2022.
ii) Issue a writ of mandamus directing the Respondent authorities not to implement Annexure P-1 i.e. impugned .
transfer order dated 4/05/2022.
iii) Issue a writ of mandamus directing the respondent authorities to allow continue work at the present place of posting i.e. HPPWD Division Shillai in the interest of justice. Or alternatively the petitioner may kindly be adjusted against vacancy at; HPPWD Sub Division Shillai, HPPWD Sub- Division Jamna, Sub-Division Kafotta, District Sirmour respectively."
2. Record produced by the respondent-State pursuant to direction to this effect, goes to reveal that the transfer of the petitioner has been effected solely on the basis of recommendation made by extra-
Constitutional authority, that too, without there being any independent application of mind by the administrative authority and, in such circumstances, obviously, the order of transfer cannot sustain, in view of law laid down by this Court. Reference can be made to judgment rendered by this Court in CWP No. 2862 of 2021, Vipender Kalta v.
State of H.P. and others and CWP No. 1387 of 2017, titled Praveen Kumar v. State of H.P. and others.
3. Accordingly, the present petition is allowed. Order of transfer dated 4.5.2022 (Annexure P-1) is quashed and set aside. Pending miscellaneous application(s), if any, also stand disposed of.
(Tarlok Singh Chauhan) Judge (Sandeep Sharma) Judge July 26, 2022 (Vikrant) ::: Downloaded on - 26/07/2022 20:03:44 :::CIS